“Section 199(2)(b)”
The decision most relied on for Section 199(2)(b) is J.K. (Bom.) Limited v. CBDT and Another (118 ITR 312), cited in 50 judgments on BharatTax.
Leading authorities on Section 199(2)(b)
The case elucidates the meaning of 'management services', detailing its components and considering whether such services qualify as 'technical services' for income tax purposes, particularly in relation to fees for technical services.
When exercising revisional powers under Section 263, the Commissioner must examine the merits of the assessee's objections and establish on record how the assessment order is erroneous and prejudicial to the revenue. The Commissioner cannot merely direct a re-examination or delegate this fundamental duty.
The 'income' contemplated by Section 11 is the real income, not merely the assessed or assessable income, and income from property held under trust must be arrived at in a normal commercial manner. This implies that statutory deductions under Section 14 are not applicable when income from property held under trust is excluded.